the trustees can be expelled in certain events, such as their ceasing removal of to belong to the same religious community, the power of expulsion trustees. may, on the happening of such events, be effectually exercised (¿). Number of Trustees. trustees. The Court has jurisdiction in an action, and also on petition and Additional at chambers, to appoint additional trustees () or governors (1) of a charity. And the Charity Commissioners possess the like power (m). The Court will not fill up the number of trustees originally Full number appointed if it does not consider it necessary to do so (n). But there is no definite rule as to what number of vacancies will warrant an application for the appointment of new trustees (o). not filled up. Number of vacancies justifying Where only two of a body of thirteen trustees had died, the Court application. refused to appoint new trustees at the expense of the charity (p). Otherwise when the number had been reduced by one-third and one-fourth (q). There is no definite rule as to the number of governors of a Number of charity which a scheme will provide for, but a less number than governors provided by six would seldom be allowed. Where a scheme provided for three scheme. governors, the Court sanctioned an alteration increasing their num ber (»). In the case of a Dissenting chapel the Court will, notwithstand- Dissenting chapels. ing that a majority of the trustees may be able to act in the trusts (s), fill up the full number of the original trustees (t). Jenkins. In Davis v. Jenkins (u), where a Dissenting chapel had been con- Davis v. veyed to five persons, their heirs and successors, upon certain trusts, but there was no provision for the appointment of new trustees, Lord Eldon said (x): "It is clear the persons in whom the legal estate was vested were meant to be trustees; that there was to be a succession of trustees: it was also probably intended that they were to be a body, who were to exercise a judgment, giving their approbation to the nomination of a minister; and it could not be (i) Att.-Gen. v. Pearson, 3 Mer. at pp. 412-415. (k) Re Burnham National Schools, L. R. 17 Eq. at p. 246. (1) Re Browne's Hospital, Stamford, 60 L. T. N. S. 288. (m) Re Burnham National Schools, supra. (n) Re Worcester Charities, 2 Ph. 284; Re Shrewsbury Charities, 1 Mac. & G. 84; and see Re Shrewsbury School, ibid. 85; Re Hereford Charities, Jur. 289, both cases under the Municipal Corporations Act, 5 & 6 Will. IV. c. 76. See post, pp. 196 et seq. App. iii. (0) Re Gloucester Charities, 10 Hare, (P) Re Marlborough School, 13 L. J. Ch. 2. (a) Re Hereford Charities, 6 Jur. 289. (s) Re Coates to Parsons, 34 Ch. D. at Advowson. Directions as to future the intention of the original founders that the casual heir of whoever happened to be the survivor of them should regulate the whole discretion that was to place in the pulpit the person who should teach this congregation their religious duties. Here is, therefore, upon the instrument itself, enough to induce the Court to say, as matter of trust, it would keep up the number of trustees." So, also, in the case of trusts of an advowson, where the appointment of the clerk rests with the trustees, it is important that vacancies among the trustees should be filled up with proper persons (a). In settling schemes, provision may be made for the future appointments. appointment of trustees in chambers, notice being given to the Attorney-General (b). Subsequent applications need not be made to same judge. Trustees may In one case a scheme provided for the appointment of twelve trustees, and that application for the appointment of new ones should be made when the number was reduced to five (c). So, also, on an application for the appointment of new trustees, directions may be given with regard to future appointments. Thus, in one case the Court appointed ten new trustees, and directed that when the number became reduced to five application for the appointment of new trustees should be made at chambers, notice being given to the Attorney-General (d). Subsequent applications for the appointment of new trustees need not be made to the same judge (e). The Court will, in charity cases, departing from its ordinary rule (f), when appointing new trustees, and directing trust probe authorized perty to be conveyed to them, direct the insertion in the conveyance of a power to the trustees to appoint new trustees as occasion requires (g). to fill up vacancies. Appointment Municipal Charities. It has been the policy of the legislature to divest municipal corporations of estates held by them upon special charitable trusts, and to provide other trustees in their place. (a) Att.-Gen. v. Bishop of Litchfield, (c) Re Conyers' School, supra. supra. (e) Re Watt's Charities, 30 Beav. 404. (f) See Lewin on Trusts, 8th ed. p. 849. (g) Re 52 Geo. III. c. 101, 12 Sim. 262; Re Lovett's Exhibition, Sidney Sussex Coll., Camb., Knight-Bruce, V.-C., 20 Dec., 1849. See Re Puckering's Charity, Set. 4th ed. p. 565, where the Court authorized the trustees themselves to fill up vacancies as formerly. With regard to the practice of the Charity Commissioners in this respect, see notes to sect. 2 of Charit. Trusts Act, 1860, post. The first attempt in this direction was made by the Municipal Municipal Corporations Act, 1835 (). Corporations Act, 1835. Sect. 71 of that Act, after reciting that divers bodies corporate Sect. 71. then stood seised or possessed of sundry hereditaments and personal estate in trust, in the whole or in part, for certain charitable trusts, and that it was expedient that the administration thereof should be kept distinct from that of the public stock and borough fund, provided that on the 1st of August, 1836, all the estate, right, interest, and title, and all the powers of any municipal corporation to which the Act applied in respect of hereditaments and personal estate held on charitable trusts, should determine: provided that if any vacancy should be occasioned among the charitable trustees for any borough before the 1st of August, 1836, the Lord Chancellor might upon petition appoint another trustee to supply the vacancy (i); every person so appointed to remain trustee until the time at which the person in whose room he was chosen would have ceased to be trustee; and provided also that the Lord Chancellor should make such orders as he should see fit for the administration, subject to such charitable trusts as aforesaid, of such trust estates (k). Upon this section it was held that the legal estate remained in Legal estate the corporation, and merely the equitable interest, or rather the left in corpo (h) 5 & 6 Will. IV. c. 76, repealed by the Municipal Corporations Act, 1882. See Att.-Gen. v. Mayor of Exeter, 2 De G. M. & G. at p. 515. (i) See Bignold v. Springfield, 7 Cl. & F. 71. (k) This section is as follows:-" In every borough in which the body corporate, or any one or more of the members of such body corporate, in his or their corporate capacity, now stands or stand solely, or together with any person or persons elected solely by such body corporate, or solely by any particular number, class, or description of members of such body corporate, seised or possessed, for any estate or interest whatsoever, of any hereditaments, or any sums of money, chattels, securities for money, or any other personal estate whatsoever, in whole or in part in trust or for the benefit of any charitable uses or trusts whatsoever, all the estate, right, interest, and title, and all the powers of such body corporate, or of such member or members of such body corporate, in respect of the said uses and trusts, shall continue in the persons who at the time of the passing of this Act are such trustees as aforesaid, notwithstanding that they may have ceased to hold any office by virtue of which before the ration. Remedied by Act, 1853. right of administering the charitable funds, became vested in the trustees appointed under it (7). This defect was remedied by the Charitable Trusts Act, 1853, Charit. Trusts which made provision (m) for the vesting of the legal estate in the trustees appointed in the place of a municipal corporation under the Municipal Corporations Act, 1835 (n). Repeal. Munic. Corp. Cases within s. 71 of Both the Municipal Corporations Act, 1835, and sect. 65 of the Charitable Trusts Act, 1853, were repealed by the Municipal Corporations Act, 1882 (0). Sect. 133 of the last-mentioned Act provides that " Where at the passing of the Municipal Corporations Act, 1835, the body corporate of a borough, or any one or more of the members thereof, in his or their corporate capacity, stood solely, or together with any person or persons elected solely by that body corporate, or solely by any particular number, class, or description of members thereof, seised or possessed, for any estate or interest, of land, in whole or in part in trust or for the benefit of any charitable uses or trusts, and the legal estate in that land was, at the passing of the Municipal Corporations Act, 1835, vested in the body corporate or person or persons so seised or possessed thereof, and was by the Charitable Trusts Act, 1853, vested in the trustees appointed by the Lord Chancellor under the Municipal Corporations Act, 1835, or such of them as should be surviving and continuing trustees under that appointment, according to the respective estates and interests therein, and subject to such and the same charges and incumbrances, and on such and the same trusts, as the same were subject to before such vesting, then, in every case, on the death, resignation, or removal of any trustee, and on any appointment of a new trustee, the legal estate in that land, and in all other lands subject to any such charitable uses or trusts, for the time being vested in the trustees or any of them, or in any persons or the heirs or devisees of any person deceased, resigned, or removed, shall vest in the persons who after such death, resignation, or removal, and such appointment of a new trustee, continue or are the trustees for the time being, without any conveyance or assurance." Sect. 71 of the Municipal Corporations Act, 1835, was held applicable in the case of the right of presentation to a vicarage vested in (1) Doe v. Norton, 11 M. & W. 913; Christ's Hospital v. Grainger, 16 Sim. 83, 102; Bignold v. Springfield, 7 Cl. & F. at p. 117. (m) Sect. 65, post. (n) See Re Huntingdon Municipal Charities, 27 Beav. 214. (0) 45 & 46 Vict. c. 50, s. 5. a municipal corporation for the better maintenance of a free grammar Munic. Corp. school (p). So, also, in the case of a right to appoint a master of a Act, 1835. hospital vested in a corporation as auxiliary to the charitable purpose which formed the principal object of the charity (q). Where the mayor, recorder, aldermen, and common council of Exeter were by letters patent incorporated and constituted governors of a hospital, but the recorder was not a member of, though elected by, the corporation, the corporation of the hospital was held to be so far identical with the municipal corporation as to be within the spirit, if not the letter, of the section (r). So, also, where the corporation had merely the right to nominate the master of a hospital, but no part of the charity estates was vested in it (s). within The section was held not to apply where the legal estate of Cases not charity lands was vested in trustees and the corporation were the section. visitors, and had the nomination of the objects of the charity only (t); or where a charity estate was vested in trustees, with a direction that when the number was reduced to six the survivors should appoint others, with the consent of the high bailiff and capital burgesses (the then corporation) of a borough, who were always to be of the number so appointed (u). Nor did it apply where money had been given to a corporation to be disposed of as they thought fit, and they had appropriated it to the endowment of lectureships (x). Sect. 2 of the Act (y) expressly reserved any share and benefit Reservation of rights of possessed by the individual freemen in the common lands and freemen. public stock of any borough or body corporate, and in lands and personal property held by any person or body corporate upon a charitable trust. This provision applied where the rents and profits of a fishery, tolls, land, and fairs were received by a corporation for the benefit of the freemen of the borough (z). But it has been held not to apply to property not held upon a charitable trust at all (a). Where sect. 71 of the Act did not apply, the corporation constituted by the Act were the successors of and had the same liabilities (p) Re Shrewsbury School, 1 My. & C. 632. (a) Re St. John's Hospital, Bath, 3 Mac. & G. 235; Att.-Gen. v. St. John's Hospital, Bedford, 10 Jur. N. S. 897. (r) Att.-Gen. v. Mayor of Exeter, 2 De G. M. & G. 507. (s) Re Huntingdon Municipal Charities, 27 Beav. 214. (1) Att.-Gen. v. Newbury Corporation, C. P. Coop. 72; Christ's Hospital v. Grainger, 16 Sim. at p. 102. See, however, Re King's Lynn Charities, 3 Jur. 402. (u) Att.-Gen. v. Phillimore, 9 L. J. Ch. 338. (x) Re Oxford Charities, 3 My. & C. 239. See Rex v. Sankey, 5 A. & E. 423. (y) See also Municipal Corporations Act, 1882 (45 & 46 Vict. c. 50), s. 205, post. (2) Prestney v. Mayor of Colchester, 21 Ch. D. 111; Stanley v. Mayor of Norwich, 3 Times L. R. 506. (a) Att.-Gen. v. Mayor of Stafford, W. N. 1878, 74. Where s. 71 did not apply, reformed cor |